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PlanetOut News Staff
Wednesday, October 18, 2000 / 06:12 AM
New South Wales' first property division case under a new law covering same-gender couples is messy enough for a soap opera, but equality can be like that.
The New South Wales Supreme Court is now hearing its first case to determine distribution of assets following a gay male couple's dissolution, thanks to amendments made in June to the Property (Relationships) Act that give same-gender couples access to the courts for property division. It's as messy as such cases often get, featuring a termination contract one party denies having seen, threatened violence and a girlfriend the plaintiff saw on the side.
The plaintiff is Daniel Dridi, 29, who shared a home in the Sydney area from July 1994 to November 1999 with Russell Fillmore, 58. Fillmore maintains the relationship ended in November 1997 even though Dridi remained in the house. Victoria Valova, 26, testified that she had been involved with Dridi from June through September 1999 without any hint that he was bisexual. Dridi is seeking more than A$300,000 including pension benefits plus interests in two properties Fillmore inherited from an earlier partner and two dogs Fillmore bought during the relationship.
Dridi claims it was Fillmore who drew up a "termination agreement" in September 1999 that both signed, giving Dridi a copy and keeping the original. However Fillmore testified that he had never seen that document until his attorney showed it to him in connection with the lawsuit. The "agreement" gives Dridi the house they had shared, Fillmore's pension, and the dogs, and cancelled Dridi's A$510,000 debt in exchange for any claim Dridi might have on Fillmore's other property in the Blue Mountains.
If one thing is clear in this trial, it's that both men care deeply about the dogs, golden labradors named Tara and Thomas.
Fillmore told the court about fleeing the house in November when Dridi pulled a knife. Valova also testified that Dridi had assaulted her and then harassed her after she broke off the relationship, leading her to obtain a five-year restraining order against him.
A temporary custody order was issued for the couple October 9 since Washington Jr. had never formally adopted Miguel despite having cared for him since he was eight days old; on October 13, the judge ordered Miguel's immediate return to Washington Jr. but Washington Sr. has not complied. A further custody hearing is scheduled for December 4.
Miguel is believed to be with relatives in Pennsylvania. He is the son of Washington Jr.'s sister Angelena, a woman with mental disabilities who was impregnated in an assisted-care facility and is herself a ward of the state.
Hence's letter reportedly said the gay couple had violated an agreement that, "There would be no attempts to influence the natural sexual preference of the minor" but "you do not appear to be exposing him to any healthy relationships with heterosexual females."
It also complained that Miguel was attending "gay art class and ballet" instead of playing sports. There has been no clarification of what "gay art class" might mean.
In Riverside County Superior Court Hence took a different tack on Washington Sr.'s behalf, denying that Washington Jr.'s sexual orientation was the issue despite alleging an "improper environment."
He made allegations of child abuse he said originated with Miguel himself, but the judge found no evidence to support them. Deputy District Attorney Tex Ritter, head of Riverside County Child Abduction Unit, said the allegations were so mild that even had they been proven they would not support removal of a child from his home. Washington Sr. claimed to be acting on behalf of Miguel's disabled mother, who was previously declared incompetent to raise him.
Washington Jr. told reporters that Washington Sr. has had little previous contact with Miguel and has never contributed to his financial support. He's convinced that his sexual orientation is the key issue for Washington Sr., who wants to see the boy in a heterosexual household. Washington Jr. and Forrester are experiencing great emotional turmoil at their beloved son's absence, despite Washington Sr.'s telephoned assurance that Miguel is healthy and happy. They're also concerned that whoever is looking after the boy may be unaware of his allergies and his need for asthma medication.
Ritter said that prosecutors are considering charges of child abuse or child endangerment against Washington Sr.
Source : Obtained from
planetout.com
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